Research On Fair Competition Review System Of Major Administrative Decision-making

The fair competition review regulates administrative monopoly in advance by means of self-examination by administrative organ,which is helpful to standardize the government behavior.The core of the fair competition review is that the policy measure formulation organ carries on the self-examination against the examination standard in the policy formulation process to prevent the occurrence of administrative monopolies.Although the final result of administrative monopoly is to undermine fair market competition,it is still an administrative act in essence.The essence of fair competition review is to require the government to properly perform its functions and to play a better role in the market economy.Therefore,the emphasis of optimizing the fair competition review mechanism is to regulate the exercise of administrative power along with restricting the operation of administrative power.The beginning of the operation of administrative power is decision-making.Besides,the key element is to standardize administrative decision-making,especially the major administrative decision-making.By means of the continuous improvement of major administrative decision-making procedures to achieve the purpose of regulating the operation of administrative powers.The fair competition review mechanism was duly introduced as one of the major administrative decision-making procedures.The factor of fair competition was included in decision-making considerations in order to better utilize the government role of the market economy,creating a fair and orderly market environment.Some regions have introduced fair competition review into process of the major administrative decision-making as one of the procedures of major administrative decision-making in practice,and it is reflected in the legal norms of the major administrative decision-making procedures.It is a pity that instead of considering the characteristics of major administrative decisions,the existing fair competition review mechanism is directly copied to construct the fair competition review system of major administrative decisions in practice.Also,the coordination with other decision-making procedures is ignored,which will inevitably lead to fair competition review becoming a form in the process of major administrative decisions and limiting its original function.It is necessary to understand the role of fair competition review correctly and take the characteristics of major administrative decision-making procedures into consideration,making good connections with other procedures to achieve the perfect integration of fair competition review and major administrative decision-making procedures.